Terms of Use
By accessing this website and any materials presented herein (the “Site”), you agree to the following terms and conditions pertaining to the use of the Site. APRO Data Association and its subsidiaries and affiliates (collectively, “APRO”) reserve the right to change the terms, conditions, and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use. The Terms of Use incorporate the Data Protection and Privacy Policy.
LIMITED LICENSE
Nothing contained in these Terms of Use or the Site itself grants or will be construed to grant to you or any third party any title or interest in or any license or right to use or reproduce, any image, text, software, code, trademark, logo, or service mark contained in the Site, including without limitation the names or logos of APRO. APRO reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site. APRO grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer, or sell any text, graphics, logos, and other source-identifying symbols, designs, icons, images, or other information, software, or code obtained from the Site.
NO WARRANTY
APRO AND ITS RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY, OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED ON OR PRESENTED THROUGH THE SITE. ANY CONTENT OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. APRO HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL APRO, AND ITS RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, PRINCIPALS, AGENTS, AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY IN USING THE SITE, OR (II) ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR (III) OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF APRO OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
GENERAL
If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, then such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity, or unenforceability shall be strictly limited both to such provision and to such jurisdiction.
INTELLECTUAL PROPERTY
APRO owns intellectual property rights associated with the APRO Network and certain other products (the “Products”). APRO protects and maintains such intellectual property rights with the intent only to use such rights defensively, such as to protect the integrity of the Products and to ensure end users have clarity and certainty. Where appropriate, APRO will make the Products open to the community under open source licenses and pursuant to permissive brand use guidelines. Protecting IP rights in this capacity and making them available in this manner will enable the community to contribute to the ecosystem around each of the Products while not requiring that APRO play a central role in ongoing development, operation, and maintenance.
ELECTRONIC NOTICES
You consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, our “Communications”) that we provide in connection with these Terms or any Services. You agree that we may provide our Communications to you by posting them on the Website or through the Services or by emailing them to you at the email address you provide in connection with using the Services. You should maintain copies of our Communications by printing a paper copy or saving an electronic copy. You may also contact our support team to request additional electronic copies of our Communications by filing a support request at support@apro.com.
EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES
In no event will the Foundation, together with any Protected Party, be liable for any incidental, indirect, special, punitive, exemplary, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Website, the Services and the Chainlink Network (and any of their content and functionality), any execution or settlement of a transaction, any performance or non-performance of the Services, your Distributed Ledger Technology assets, other digital assets, Link Tokens or any other product, service or other item provided by or on behalf of a Protected Party, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not any Protected Party has been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy nor is the Foundation in any way responsible for the execution or settlement of transactions between users of Apro open-source software or the Apro Network.
LIMITATION OF LIABILITY
In no event will the Protected Parties' aggregate liability arising out of or in connection with the Website, the Services and the Chainlink Network (and any of their content and functionality), any performance or non-performance of the Services, your Distributed Ledger Technology assets, other digital assets, Link Tokens or any other product, service or other item provided by or on behalf of a Protected Party, whether under contract, tort (including negligence), civil liability, statute, strict liability or other theory of liability exceed the amount of fees paid by you to us under these Terms in the twelve (12) month period immediately preceding the event giving rise to the claim for liability.
GOVERNING LAW
The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Website or the Services, will be governed by and construed and enforced in accordance with the laws of the British Virgin Islands, as applicable, without regard to conflict of law rules or principles (whether of the British Virgin Islands or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the courts located in the British Virgin Islands will have exclusive jurisdiction. You waive any objection to venue in any such courts.